MENTILLA B. MARAK Vs. G.H.A.D.C.

JUDGEMENT

(1.) The events leading to the filing of this writ petition dates as far back as 9/3/1987, when the predecessor-in-interest of the petitioner Late Kejan Sangma as Nokma of Bolwarigiri Akhing, made an application to the respondent No. 3 claiming a portion of the Doldegiri Akhing stating that the Agitok Mahari that is, the predecessor-in-interest of respondents No. 4 and 5 had given a part of the land to the predecessor-in-interest of the petitioner, but since there was no proper demarcation of the land, the entire portion of the said land was allegedly wrongly recorded in the name of the Agitok clan.

(2.) What follows is that, on receipt of the relevant application, the Executive Member, Garo Hills Autonomous District Council (GHADC) had ordered that an enquiry be made by the Mauzadar who had in turn submitted a report dtd. 11/5/1987 stating that the claim of Late Kejan Sangma could not be supported by documents. On a further application submitted before the Executive Member for referring the matter to the Senior Assistant Settlement Officer, to conduct another enquiry which was accordingly done, the report filed thereafter also confirms that Late Kejan Sangma could not produce any documents to support his claim.

(3.) The Executive Member on receipt and perusal of the said report filed by the Sr. Assistant Settlement Officer, had directed for a full and proper enquiry, presumably under the provision of the Garo Hills Autonomous Hills District (Social Customs and Usages) Validating Act, 1958, to be made which was accordingly done so. After framing of issues and recording of evidence of the witnesses and upon hearing the parties, the Executive Member passed the order dtd. 21/12/1991 confirming that the predecessor-in-interest of respondents No. 4 and 5, Gonan Marak Nokma had taken money from the Bolwari clan and has agreed to give part of the Akhing land known as Doldegiri plot No. 2, now called Bolwarigiri Akhing since the year 1920. It was also directed that demarcation of the boundaries of the said Akhing be carried out.